Circular no 35/2017 (16 August 2017)- Guidelines for provisional release of sized imported goods pending under sec 110A of Custom Act 1962

Guidelines for provisional release of sized imported goods pending adjudication under sec 110A of Custom Act 1962 

Circular no. 35/ 2017

dated 16 August 2017

Major points can be summarized as below -

## The Circular has been issued to ensure uniformity in the practices which are being followed relating to the goods seized under sec 110 of custom act,

## Sized goods may be released provisionally by the competent authority upon request of owner of the goods after submitting a bond for full value,

## In addition to the Bond , competent authority an ask to furnish an Bank Guarantee OR Security deposits,

## Competent authority may increase or decrease the amount of security deposits but REASONS to be PUT in WRITING,

## Recent cases of Malabar Diamond Gallary & Mala Petrochemical where court says that discretion given under these section to the competent authority should not be seen in isolation and hence each case should be looked at separately and hence denial to release of sized goods should not be used always,

## All such bank guarantees  should have clause binding to keep on renewing the same till the matter pending with adjudicating authority is finalized


For complete reading of the circular please refer-

http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2017/circ35-2017cs.pdf

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